The Occupational Safety and Health Administration (OSHA) ordered a Maugansville, Maryland, trucking company to reinstate a driver and pay nearly $30,000 in back wages and damages after finding the employer wrongly terminated the worker for refusing to drive an oversize load in an unsafe manner, the agency announced September 27.
OSHA investigators found that TrueStart Transport LLC, a freight and heavy-haul trucking provider, violated the whistleblower provisions of the Surface Transportation Assistance Act by firing an employee who raised safety concerns when directed to transport an oversize load without a required escort vehicle.
Agency investigators learned the employee notified the company that driving the load without an escort was dangerous but was told to do so anyway. After objecting, the worker was terminated, left stranded at a Tennessee truck stop, and forced to pay the way back home to Texas.
OSHA ordered TrueStart to pay $9,698 in back wages and interest; $10,000 in punitive damages; and $10,000 in compensatory damages.
“Our investigation found TrueStart Transport wrongly fired the employee for insisting they follow safety requirements, which is a protected right under federal law,” Michael Rivera, OSHA’s Philadelphia regional administrator, said in an agency statement. “The company’s actions were inexcusable and illegal and undermined an employee’s rightful concern for their own safety and the safety of others on the road.”
Federal OSHA’s whistleblower enforcement authority was first established in the Occupational Safety and Health Act of 1970. The agency now enforces the whistleblower protection provisions of 25 federal statutes covering issues ranging from airline, commercial motor carrier, consumer product, food, and motor vehicle safety to environmental, financial reform, healthcare reform, nuclear, pipeline, public transportation agency, railroad, maritime, securities, tax, antitrust, and anti-money laundering.
OSHA cautions response, recovery crews following Hurricane Helene
On September 27, OSHA urged response and recovery crews in Alabama, Florida, Georgia, North Carolina, and South Carolina, as well as area residents affected by Hurricane Helene, to be aware of hazards caused by fallen trees, flooding, power loss, storm debris, and structural damage.
Storm recovery crews engaged in restoring electricity and communications, clearing and removing debris, repairing or replacing roofs, or trimming trees may encounter several occupational hazards. According to OSHA, those involved in recovery and cleanup activities should have experience and proper training and be familiar with the equipment provided.
Protective measures after a weather disaster should include the following:
- Assessing the stability of structures and walking surfaces;
- Evaluating work areas for hazards;
- Ensuring there’s fall protection when working from elevated surfaces;
- Assuming all power lines are live;
- Properly operating chain saws, portable generators, ladders, and other equipment; and
- Using personal protective equipment (PPE), such as eye and foot protection, gloves, hard hats or safety helmets, and hearing protection.
“As our region seeks to restore our communities after a weather emergency like Hurricane Helene, it is important to remember the wide range of hazards storm recovery presents, particularly for emergency responders and recovery workers,” Kurt Petermeyer, OSHA’s Atlanta regional administrator, said in a statement.